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CRUZ v. STATE

No. 5D07-1639.

971 So.2d 178 (2007)

Jose Jaramillo CRUZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 28, 2007.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Defendant.

Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

EVANDER, J.

After a jury trial, the defendant, Jose Cruz, was convicted of two counts of aggravated battery with a deadly weapon. On appeal, he contends that the trial court erred in failing to give the jury a justifiable use of non-deadly force instruction. We agree.

On November 18, 2004, the defendant struck Austin McGreal and Elmer Chambers with his van in the parking lot of the Shady Road Lounge located in Ocala...

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